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(영문) 광주지방법원 2016.06.16 2015구합1175
손실보상금증액
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

- Project approval and public announcement of the process of adjudication - Construction of urban planning facilities (parking lot): B-project implementer on February 23, 2015: The adjudication of expropriation on June 24, 2015 (hereinafter “instant adjudication of expropriation”): Net City Land Expropriation Committee of Jeoncheon-si, Seoul Special Metropolitan City (hereinafter “instant adjudication of expropriation”): obstacles, etc. on the Plaintiff’s land and business compensation - From the starting date of expropriation: August 10, 2015 - Compensation: 110,617,570 won for obstacles, such as buildings, etc.; 8,06,60 won for business compensation; - The Defendant shall pay the Plaintiff an indemnity at the price of uniform appraisal corporation, joint appraisal corporation of Seoul Special Metropolitan City and Metropolitan City (hereinafter “instant adjudication of expropriation”) - The Plaintiff’s total amount of indemnity calculated without considering the circumstances of expropriation, 108,832,000 won, and the Plaintiff’s overall appraisal of land at KRW 100,000,00 for the purpose of expropriation and appraisal.

Judgment

In a lawsuit seeking increase in compensation for losses, the burden of proving that the amount of reasonable compensation exceeds the amount of compensation stipulated in the adjudication of expropriation or objection is deemed to have been borne by the Plaintiff (see, e.g., Supreme Court Decision 96Nu2255, Nov. 28, 1997). The entries of evidence Nos. 1 through 6 submitted by the Plaintiff alone are insufficient to acknowledge the Plaintiff’s assertion, and there is no other evidence to acknowledge it.

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